LAWS(DLH)-1981-3-54

S MALGAONKAR Vs. JAGMOHAN

Decided On March 02, 1981
S.MALGAONKAR Appellant
V/S
JAGMOHAN Respondents

JUDGEMENT

(1.) The present petitioners, by way of this petition under Section 482 of the Code of Criminal Procedure (in short Code), pray for quashing of the criminal proceedings pending against them in the court of a Metropolitan Magistrate, New Delhi.

(2.) The aforesaid criminal proceedings were started on a cornplaint in writing dated June 6, 1979 of ShriJagmohan (hereinafter referred to as respondent) praying that the present petitioners and one Javid Liaq be prosecuted and punished for commission of offences punishable under Sections 500, 501 and '502 of the Indian Penal Code for defaming the former.

(3.) Shri S. Malgaonkar, petitioner No. I is Editor-in-Chief of a daily newspaper 'Indian Express', Shri Ajit Bhattacharjee and Shri R. K. Mishra are the Editor and printers and publishers respectively of the said newspaper. Shri Javid Liaq was a correspondent of that newspaper. In the Indian Express issue 'of April 19, 1977 on pages I and 5 an article appeared under the heading, "THE DAY OF BULLETS, BULLDOZERS" by Javid Liaq. The said item inter alia contained the following :